ROHIT SEHRAWAT AND ORS. Vs. STATE

JUDGEMENT

(1.) The judgment under challenge dated 7th June, 2013, convicts Rohit Sehrawat for murder of Bhagat Raj and offences under Sec. 201 of the Indian Penal Code, 1860 (IPC for short) and Sec. 27 of Arms Act, 1957. The same judgment acquits Mahender Singh, father of Rohit Sehrawat, from the charge of conspiracy under Sec. 120B and other provisions of the IPC.

(2.) By the order on sentence dated 7th June, 2013, Rohit Sehrawat has been sentenced to imprisonment for life, fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for two years for the offence under Sec. 302 IPC; rigorous imprisonment for five years, fine of Rs. 5000/ - and in default of payment of fine to undergo simple imprisonment for six months for the offence under Sec. 201 IPC; and rigorous imprisonment for three years, fine of Rs. 5000/ - and in default of payment of fine to undergo simple imprisonment for three months for the offence under Sec. 27 of the Arms Act.

(3.) Undisputed facts proved and not under challenge are first noticed. It is accepted that Bhagat Raj had suffered and died a homicidal death as a result of fire arm injuries on 30th May, 2008. Dr. Bhavna Jain (PW -23) has deposed that on 30th May, 2008 at about 12.35 P.M., Bhagat Raj was brought to the casualty ward of Baba Saheb Ambedkar Hospital, Rohini (BSA Hospital, for short) and was resuscitated and referred to Senior Resident Surgery. Dr. Anil Kumar Rawat (PW -28) of Saroj Hospital, Rohini has deposed that Bhagat Raj was referred to the said hospital from the BSA Hospital with alleged history of gunshot wounds. On examination, his condition was found to be very serious, pulse and BP were not recordable. He was operated upon by PW -28 and his team of doctors, but could not be saved and was declared dead at 3.30 P.M. on 30th May, 2008. Post -mortem on the dead body of Bhagat Raj was conducted by Mr. V.K. Jha (PW -25) on 30th May, 2008 and he has referred to five wounds, namely: - - (i) lacerated penetrating wound on the chest with tattooing as a result of firearm injury, which he has described as entry wound caused by a firearm; (ii) lacerated punctured wound on the right dorsum of the hand without burning, singing or tattooing; (iii) lacerated but perforated wound on the base of the little finger, which was an exit wound of injury No. 2; (iv) lacerated punctured wounds below the right knee joint with tattooing, but without burning and singing described as entry wound of the fire arm and (v) lacerated perforated wound opposite injury No.